PRABHU SINGH Vs. STATE

JUDGEMENT

(1.) G. S. N. Tripathi, J. The then IVth Addl. Sessions Judge, Bulandshahr held the accused Prabhu Singh guilty on a charge under Section 304, Part-1, I. P. C. and sentenced him to undergo R. I. for a period of 10 years. This judgment was recorded by the learned Addl. Sessions Judge on 23rd January, 1980 in S. T. No. 445 of 1979, State v. Prabhu, Distt. Bulandshahr.

(2.) THE prosecution case started on the basis of a F. I. R. exhibit Ka-1 lodged by the P. W. 1 Amar Singh Chauhan at the Police station on 19-4-79 at 00. 20 a. m. THE incident is said to have taken place on 18-4- 79 at about 10. 30 P. M. THE distance of the police station from the place of occurrence is about 4 furlongs. THE sole accused is the accused-appellant.

(3.) THE prosecution has examined PW-1 Amar Singh, the complainant, who has unfolded the prosecution story as contained in the F. I. R. Further, he has said that soon after the exit of the accused, he took his wife to the Doctor Ram Saran Das, PW-7 in a rickshaw. He provided first aid and advised him to take her to the Government Hospital for treatment. THEreafter, the lady was taken to Dr. Aquil Ahmad, PW-4, who medically examined her in the same night at 0. 5 a. m. and found three contused wounds, which were, according to him, fresh but simple. THEy could have been caused by bricks even.